BREAKING: Speaker must decide on secret ballot vote
The Constitutional Court has ruled that the power lies with
National Assembly Speaker, Baleka Mbete, to decide on whether a motion of no
confidence vote in President Jacob Zuma can be done through the use of a secret
ballot.
The court ruled following an application by the United Democratic Front's (UDM) and the Economic Freedom Fighters (EFF).
The UDM approached highest court in the land following the axing of Finance Minister Pravin Gordhan and his deputy, Mcebisi Jonas.
They claim this decision by President Jacob Zuma shows that he is not fit to hold office.
The UDM claims Gordhan's removal led to the economy being downgraded to junk status with serious economic consequences for South Africans, especially the poor.
They claim it is necessary to vote with secret ballots, because ANC MPs who vote against President Zuma fear repercussions.
Chief Justice Mogoeng Mogoeng says to order a secret ballot would be a separation of power issue and that the power lies with the Speaker.
"The power to decide whether a motion of no confidence is to be resolved through an open or secret ballot cannot be used illegitimately or in a manner that has no regard to the surrounding circumstances that ought to inform its exercise," says Mogoeng.
"It's neither for the benefit of the Speaker, not his or her party."
Listen to him handing down the key points in his judgement below.